Top Ten Insurance Company Tactics Used to Defeat Your Claim
When you are in an auto accident and don’t immediately secure the representation of an attorney you can get yourself into deep trouble. Remember, this is a Zero Sum game; Insurance adjusters are trained to make things go well for their company, which means things go poorly for you.
Call an attorney as soon as practicable. If you don’t, watch out for these tactics…I’d be willing to bet you’ll see them all.
- The Drive-By Settlement
You’re fresh out of the hospital, hopped up on Vicodin, and the smiley adjuster comes by and offers you a $500 check, and all you have to do is sign this paper! Sounds great, right? WRONG! Quick money sounds nice, but if you find out later that you had more serious injuries that weren’t readily apparent, you are stuck!
- The Recorded Statement
The adjuster calls and asks how you are doing. You respond with what you always say to anyone, anytime you are asked this question: “I’m fine.” Guess what? You just told the adjuster you’re “fine”, which is the opposite of injured, in pain, suffering, etc. This is just a tiny example of the type of thing you can expect. Remember, it’s like the Miranda warning: Everything you say to the adjuster can and will be used against you. Don’t talk without an attorney!
- Telling you that you don’t need a lawyer
This is my personal favorite and maybe theirs as well. Think about it: If you were a prize fighter, would you rather fight for money against someone who’s never fought before, or a seasoned fighter? The choice is obvious. That’s the situation you are in. If you don’t do this for a living you probably don’t know how to do it well. Personal injury attorneys know as much and often more than the adjusters, particularly about their home state, so it only makes sense to have a seasoned professional on your side.
- “We’re on your side.”
B.S. Insurance companies are on their own side. Period. This is a Zero Sum game, and every dollar they avoid paying you is better for them. They do not have your interests in mind and will do everything they can get away with to make this work out better for them. In a liability state like North Carolina, the at-fault party’s insurance is where you seek redress. Many people think that they are paying premiums so the company owes them a fair settlement. WRONG! The insurance company has a duty to their own driver/insured, but not to you. Watch out.
- Asking for a signed medical authorization
And you’ve just opened the door to your medical history. If you’ve ever made any noises to your doc that sound remotely like your current symptoms, they will use that against you to say that you were already hurt. Don’t do it!
- Exploiting Financial Positions
Sometimes when you are injured you miss work and the bills start to pile up. The insurance company knows this and will exert extra pressure on you to get you to settle for less. They will also unnecessarily delay things for the same reason. This can be the most dangerous of their tactics, and it requires extreme patience and sometimes a great deal of cleverness to surpass. Seek help from an attorney.
- Hiding the Ball
Insurance adjusters in North Carolina don’t have to disclose policy limits in most situations, but this information can be valuable in helping you determine what your options are. If you talk to an attorney, you can figure out how best to overcome this situation.
- Contributory Negligence
Contributory negligence is a complete bar to recovery in North Carolina, so make sure you don’t let them trick you into saying you did anything wrong. Sometimes this isn’t an obvious statement, so you have to be extra careful. Once again, having an experienced attorney to help you may help you avoid this pitfall.
- Surveillance
Insurance companies have been known to hire private investigators to follow you and film you in your daily activities. They can turn what appears to be a trivial action into something that makes your injuries seem fraudulent. Be wary.
- Causation
Insurance companies know that you have the burden of proving that your injuries were caused by this accident. They are experts at pointing the finger at everything but their driver’s negligence to find the cause of your complaints. Particularly, they love to argue that if your vehicle wasn’t severely damaged then you can’t be severely injured. Be careful. This is possibly the most deadly tactic for your claim, and you could use some help to defeat it.
Adjusters are tricky, but they can be defeated. If you have an auto accident resulting in injury in North Carolina, call me and I’ll do what I can to help.
Jeffrey Allen Howard 919-929-2992
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